Work Permit to Tier 2 to ILR 180 days rule & dependent child

[SriSarma]

Hi there experts!
I have been in UK on a work permit (later converted to Tier 2 General) and I intend to apply for my ILR in April 2014.
My initial entry clearance was in Aug 2007 (work permit) and this was converted to Tier 2 General in Aug 2009.
Here are my questions:
1. Since I plan to apply for ILR in April 2014, the last 5 consecutive years will be calculated from April 2009 (at which point I was still on Work Permit). Does the conversion from WP to Tier 2 matter and can I still apply using the Set(O) form?
2. Since I am applying in April 2014, will each qualifying year be calculated from April 2009? I.e. first qualifying year is from April 2009-April 2010, Second is April 2010 – April 2011 and so on?
3. As per UKBA site, one of the requirements for settlement is “During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months”.
Since I am applying in April 2014, in the period between April 2011-April 2012, I was outside UK for 162 days, on maternity leave. Can you confirm if this still falls under the settlement requirement rule? My employer will provide relevant letter to prove that I was still employed by them during my maternity leave, is this sufficient or should I get a letter from a doctor as well?
4. I plan to apply in person. My daughter born in UK (when I was on Tier 2 general) is with me as a dependent. Should I apply for her ILR as well (as a dependent in my ILR application and pay the dependent fee) or will her status automatically change once I get my ILR? Can you please clarify what will happen either way?
Thank you…

[dk2011]

[quote="SriSarma"]Hi there experts!
I have been in UK on a work permit (later converted to Tier 2 General) and I intend to apply for my ILR in April 2014.
My initial entry clearance was in Aug 2007 (work permit) and this was converted to Tier 2 General in Aug 2009.
Here are my questions:
1. Since I plan to apply for ILR in April 2014, the last 5 consecutive years will be calculated from April 2009 (at which point I was still on Work Permit). Does the conversion from WP to Tier 2 matter and can I still apply using the Set(O) form?[b]Doesn't matter. SET(O) is right form.[/b]
2. Since I am applying in April 2014, will each qualifying year be calculated from April 2009? I.e. first qualifying year is from April 2009-April 2010, Second is April 2010 – April 2011 and so on?[b]Correct[/b]
3. As per UKBA site, one of the requirements for settlement is “During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months”.
Since I am applying in April 2014, in the period between April 2011-April 2012, I was outside UK for 162 days, on maternity leave. Can you confirm if this still falls under the settlement requirement rule? My employer will provide relevant letter to prove that I was still employed by them during my maternity leave, is this sufficient or should I get a letter from a doctor as well?[b]It is still <=180. So letter isn't required.[/b]
4. I plan to apply in person. My daughter born in UK (when I was on Tier 2 general) is with me as a dependent. Should I apply for her ILR as well (as a dependent in my ILR application and pay the dependent fee) or will her status automatically change once I get my ILR? Can you please clarify what will happen either way?[b]Depends . If you are interested in citizenship then post your ILR you can register her as BC.[/b]
Thank you…[/quote]

[SriSarma]

dk2011, thanks for the quick reply.
I understood most of your response except for my last on regarding my daughter's status.

Since she is my dependent, is it mandatory that I apply for her ILR along with my application?
If I don't apply for her ILR along with mine, can she still stay with me?
Also, from your response, is it correct for me to assume that I can get away without applying for her ILR as a dependent and since she was born in UK, once I get my citizenship, she automatically becomes a citizen.
If this is indeed the case, what is her status in the period between me obtaining my ILR and me obtaining my citizenship. The reason for this question is, I haven't thought about applying for a citizenship yet and therefore I don't want to get into a situation where he status in the UK is unclear.

Thank you

[lynxukauq]

No SriSarma,

Since she is born here in the UK, you dont have to apply for her ILR.

You can register child on MN1 under Section 1(3) as British Citizen as soon as you receive your ILR.

Immigration status of child (born in the UK) is not relevant to child's entitlement, after a parent is granted ILR